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Home My WebLink About10-0427-0415pp (2)NO. 9 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 27, 2010 PENSION PROCEEDINGS APRIL 15, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 27, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith -9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on April 13, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE ADril 27. 2010 "FINAL" MAYOR 1. Amendatory Agmt With Bflo Olmsted Pks Consery and Living Wage Exemption_FIN 2. Contract with Camiros -Deve of Land Use Plans Citywide & New Zoning Ord_CD 3. Designation of Nominees for Appt to the Bd of Trustees of Bflo & EC Library (Berger, Maglietto, Gonzalez) LEG,COLL MAYOR - EXECUTIVE 4. Bd of Parking- Parking Agmt Six Space W. Utica RAPP Parking Lot(Nia) APP 5. Plan Bd -SEQR Lead Agency Designation 346 Connecticut, Horsefeather Rehab_R &F 6- 5A. Strat Plan -Neg Declaration -275, 279 Kehr, 549 Winslow ADOPT 7- 6. Strat Plan- Abandonment and Sale /Results Negotiations 275 & 279 Kehr, 549 Winslow APP 8- 6A. Strat Plan -SEQR -275, 279 Kehr, 549 Winslow R &F 9- 7. Strat Plan- Contract Award 59 Memorial Dr Environ. Investigation & Cleanup APP 10- 8. Strat Plan -Holy Family Senior Housing Development PILOT CD 11- 9. Strat Plan- Permission to Designate Redeveloper Greenleaf & Co. 918 Main St APP 12- 10. Strat Plan- Report of Sale 253 Adams(Ell) APP 13- 11. Strat Plan- Report of Sale 220 Fifteenth(Nia) APP 14- 12. Strat Plan- Report of Sale 260 Herman(Fill) APP 15- 13. Strat Plan- Report of Sale 427 Johnson St(Ell) APP 16- 14. Strat Plan- Report of Sale 912 Niagara(Nia) APP 17- 15. Strat Plan- Report of Sale 39 Oxford(Del) APP 18- 16. Strat Plan- Report of Sale 35 Wakefield (Masten) CD 19- 17. Strat Plan- Rescind Sale Northern Portion of 39 Clark to Alma Barrso(Fill) APP 20- 18. Strat Plan -South Buffalo Brownfield Opportunity Area Project APP 21- 19. Strat Plan -St. Martin Village PILOT 564 Dodge St CD 22- 20. Strat Plan -Urban Homestead Program -Add 23 Palos to List APP COMPTROLLER 23- 20A. Interfund Loan - Libraries APP COUNCIL PRESIDENT 24- 21. Budget Hearings Schedule FY 2010 -2011 BUDGET PUBLIC WORKS 25- 22. Notification Serial #10548 -49, 10552 10552 R &F 10548 -49 LEG 26- 23. Change in Contract -Marcy Casino N. Fagade & Plaza Recontr(Del) APP 27- 24. Change in Contract Zoological Gardens - Concession Stand Roof(Del) APP 28- 25. 72 -76 Pearl St- Proposed Revocable License Agmt- Seneca St ROW LEG 29- 26. Report of Bids -City Wide Sidewalk Replacement 2010 APP 30- 27. Appt General Mechanic(Slomba)(Perm)(Interm) CS 31- 28. Appt Supervisor of Rinks and Pools(Dziedzic)(Temp)(Interm) CS PERMITS AND INSPECTIONS 32- 29. Food Store(New) 2756 Bailey(Univ) LEG 33- 30. Food Store(New) 2962 Bailey(Univ) APP 34- 31. Food Store(New) 215 Forest (Nia) APP 35- 32. Food Store(New) 68 Grant (Nia) APP 36- 33. Food Store(New) 102 Hoyt(Nia) APP 37- 34. Food Store(New) 2042 South Park(South) APP 38- 35. Restaurant Dance Class IV 67 W. Chippewa(Ell) APP 39- 36. Sidewalk Cafe 67 W. Chippewa (Ell) APP 40- 37. Used Car Dealer 150 Bailey(Lovejoy) APP W /COND 41- 38. Used Car Dealer 1455 Niagara St(Nia) APP 42- 39. Used Car Dealer 475 Rhode Island(Nia) APP 43- 40. Used Car Dealer 15 Skillen(North) APP 44- 41. Appt Sr. Special Asst to Comm of EDPIS(Eszak)(Exempt)(Max) CS SEWER AUTHORITY 45- 42. BSA Operating Fund Budget for FY 2010 -2011 FIN HOUSING AUTHORITY 46- 43. To Approve a Wage and Benefit Package for Non - Represented Employees APP CITY CLERK 47- 43A. Items Returned by Mayor without Approval /Disapproval R &F 48- 44. Liquor License Applications R &F 49- 45. Leaves of Absence R &F 50- 46. Reports of Attendance R &F 51- 47. Notices of Appointments - Council Interns ADOPT 52- 48. Notices of Appointment - Seasonal R &F 53- 49. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 54- 50. Fontana - Council's Budget Work Shops FY 2010 -2011 BUDGET 55- 51. B. Higgins- Proposed Flood Insurance Rate Maps for the COB LEG 56- 52. M. Kearns - Concerns Required Time Warner Digital Set Box LEG 57- 53. M. Kearns -J. O'Donnell- Letter Requesting Deputy Police Comm Position POL O/S 58- 54. P. Merlo -Bflo Wtr Bd Agmt with Veolia Wtr N. America -NE LLC FIN PETITIONS 59- 55. R. Eason, Agent, Use 502 Elmwood Avenue for an Outdoor Patio(hrg 5 /4)(Nia) LEG,CPBD 60- 55A. A. Lojacono, Owner, Use 1518 Hertel for an Outdoor Cafe(Del)(no pub hrg) APP RESOLUTIONS 97- 56. Franczyk Appoint Ted Pietrzak to Bflo Arts Commission ADOPT 98- 56A. Haynes Permission to Hang Banner Across Delaware- Trinity Episcopal Church ADOPT 99- 57. Kearns, etc Install Historic Marker in Front of Home of Former First Lady Frances Folsom Cleveland ADOPT 100- 57A. LoCurto Disch CD Ccp# 7, 10/13/09 Urban Homestead Program- Revised List of Eligible Properties ADOPT D/C APP 101- 58. Smith Minimum Park Maintenance Standards PKS O/S 102- 58A. Smith Calling NYSDOT to Include a Multiway Blvd Option in Study to Cover Portions of Rte 33 LEG 103- 59. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS - - - - -- #105 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 61- 1. Com 8 Apr 13 Appt Account Clerk Typist(Fifth Step) (Guadalupe)(Asmt) R &F 62- 2. Com 15 Apr 13 Appt Engineering Aide(Prov)(Max)(Ziemba)(PW) APP 63- 3. Com 16 Apr 13 Appt Building Superintendent (Perm)(McGuire)(PW) APP 64- 4. Com 26 Apr 13 Notices of Appointments- Temp /Prov /Perm(City Clk) R &F 65- 5. Com 27 Apr 13 Notices of Appointments- Temp /Prov /Perm(City Clk) R &F FINANCE 66- 6. Com 10 Apr 13 Biennial Consulting Engineer's Report(PW) R &F 67- 7. No 28 Apr 13 Buffalo Water Board Regulations Schedule of Rates R &F 68- 8.No 29 Apr 13 Buffalo Water System Monthly Operations Report -March 2010 R &F LEGISLATION 69- 9. Com 19 April 13 Restaurant Dance License (Renewal) 2426 South Park Ave(South)(EDPI) APP 70- 10. Com 20 April 13 Sidewalk Cafe -976 Elmwood Ave Transfer of Ownership(North)(EDPI) APP 71- 11. No 35 April 13 C. Simon, Use 364 Virginia St to Expand a Sidewalk Cafe(no pub hrg)(EII) APP 72- 12. No 59 April 13 D. Hall, Owner, Use 326 Amherst St to Expand an Existing Restaurant (no pub hrg)(North)( #52,2/16)( #72,3/16)( #72,3/30) APP 73- 13. No 58 Mar 30 P. Fadale, Agent, Use 2303 Delaware for a Freestanding Sign(no pub hrg)(Del) APP W /COND 74- 14. Com 33 Mar 16 Gov Patterson Age 29 Law(HR) R &F 75- 15. Com 34 Mar 16 Bd of Ethics -Req Amendment of Jurisdiction of the Bd of Ethics(Cty Clk) APP 76- 16. No 31 Mar 2 R. Judelsohn, MD- Proposed Revisions to the EC Sanitary Code R &F 77- 17. Com 20 Jan 19 Food Store License (New) 1305 Broadway (Fill)(EDPI) APP W /COND 78- 18. Com 24 Jan 19 Food Store License Renewals -List Expiring 4 /1 /2010(EDPI) R &F WATERFRONT DEVELOPMENT 79- 19. No 75 Nov 24 M. Shapiro - Coalition for Economic Justice -DGEIS Re: Canal Side Project( #54,11/10) CD 80- 20. No 53 June 23 M. Kearns - Relocating Bicycle Museum to Waterfront R &F 81- 21. No 56 June 23 M. Kearns - Emerald Beach on The Downtown Waterfront R &F 82- 22. No 59 June 23 M. Kearns - Article Re Waterfront Hotel R &F 83- 23. No 80 Mar 31 M. Kearns - Concerns Sinking Homes on Weyand Ave R &F 84- 24. No 65 Apr 14 M. Kearns -M. Overdorf -NFTA ROW Parcels from Michigan to Smith St( #34,3/31) R &F 85- 25. No 33 Jan 20 M. Kearns -G. Olejniczak -NFTA Small Boat Harbor R &F 86- 26. No 29 Feb 3 Clean Up Plan Proposed for Buffalo Lakeside Park R &F 87- 27. No 31 Feb 3 M. Kearns - Development of the LaRiviere Drive Parcel R &F 88- 28. No 33 Feb 17 A. Thompson - Support of CCP #78,2 /3 /09- Removal 190 From Waterfront R &F 89- 29. No 47 Dec 23 M. Kearns - NYSDEC Comments on Lehigh Valley Railroad R &F 90- 30. No 48 Dec 23 M Kearns -Rock Harbor Commons Handbook R &F 91- 31. No 49 Sept 16 M. Kearns - Upcoming Approval Waterfront Development R &F 92- 32. Com 54 Apr 1 M. Kearns- NYSDOT- Buffalo Skyway Mngt Studv R &F 93- 33. No 52 Jan 22 Buffalo Skyway Maintenance and Closure Issues(PW)( #9,1/8) R &F 94- 34. No 40 Mar 18 M. Kearns -Req NYSDOT Provide the COB CC With an Update on Cost & M Buffalo Skyway R &F 95- 35. No 68 Dec 26 M. Kearns -M. Galivan- Concerns Marine Drive Apartments R &F 96- 36. No 67 Feb 21 P. Hinchy -Req. Mtg. W /Council to Present Outer Harbor Dev. Plan R &F FROM THE MAYOR NO 1 AMENDATORY AGREEMENT WITH THE BUFFALO OLMSTED PARKS CONSERVANCY AND LIVING WAGE EXEMPTION The purpose of this communication is to request permission for the City of Buffalo to enter into an amendatory agreement with the Buffalo Olmsted Parks Conservancy ( "Conservancy ") for the management and operations of the City's Olmsted Parks. In addition, I am requesting that the Common Council grant an exemption from the City's Living Wage Ordinance as permitted by City Charter and Code Section 96- 13(H)(1)(c). The Conservancy originally entered into an agreement (2004 Agreement) with the County for the operation and maintenance of the City's Olmsted Parks and Parkways when the County was responsible for the maintenance all City Parks. The City did not draft the 2004 Agreement with the Conservancy. In preparation for the transfer of the operation and maintenance of the City Parks back to City on December 31, 2009, the City entered into negotiations with the Conservancy to address concerns both of the Conservancy and the City. The 2004 Agreement underestimated the cost of managing and operating the Olmsted Parks and was overly ambitious about the amount of private money that could be raised for operations of the parks versus capital improvements. From a purely City perspective, there was concern about compliance with the City Charter & Code, in particular, the residency provision, diversity requirements, and the Living Wage. In addition, in order to be allowed to contract with the Conservancy, the City of Buffalo worked with AFSCME Local 264 on an agreement waiving exclusivity for Local 264 employees in the City Parks. Due to the number and complexity of issues, negotiations with the Conservancy could not be finalized before the transfer of the City Parks on December 31, 2009. Nonetheless, the City has continued to recognize obligations of the 2004 Agreement. With this Honorable Body's action, two payments totaling $629,190 have been approved, with the second payment of $300,000 awaiting processing by the Buffalo Fiscal Stability Authority. In addition, the City continued to maintain the equipment assigned and owned by the Conservancy, pay for utilities, provide space, and supply fuel. Agreement has now been reached with the Conservancy regarding amendments to the 2004 Agreement. The attached Amendatory Agreement incorporates the terms of the 2004 Agreement with the following amendments: Increasing the City's direct cash contribution of the Conservancy to $1,000,000 from approximately $630,000. Leveraging private funds (non- taxpayer dollars) for park maintenance by creating a new incentive for private fundraising whereby the City provides a $1 City match for every $2 raised by the Conservancy from private sources for operating expenses. • Securing more of the fees raised in the Olmsted Parks for park maintenance by increasing the floor on earned revenue shared by the Conservancy and the City from $370,000 to $500,000. • Addressing future increases in the cost of maintenance by allowing the Conservancy to keep 100% of all new earned revenue in the Olmsted Parks. • Keeping jobs in the City by inserting a residency provision requiring all future Conservancy employees to be domiciled in the City of Buffalo. Securing a diverse workforce and administrative staff through the adoption of a diversity policy. The above offer recognizes the valuable contribution of the Conservancy, while at the same time protecting City of Buffalo taxpayers. The incentives for private fundraising and earned revenue ensure that those that support and use the City's Olmsted Parks the most contribute more for the upkeep of the Olmsted Parks. The Conservancy can only enter into the attached Amendatory Agreement if an exemption from the Living Wage Ordinance is granted by this Honorable Body. As a not - for - profit, the Conservancy is eligible for an exemption pursuant to City Charter and Code Section 96- 13(H)(1)(c). Besides being a not - for - profit, the Conservancy has a history of and commitment to employment practices designed to lift individuals out of poverty. The Conservancy intends to continue these employment practices as follows: 1.) Seasonal Employees - The Conservancy would establish a category of "seasonal" employees, including attendants, rangers, and starters for golf and boats. These employees will be exempt from Living Wage Standards because of the nature of their work. (Primarily students, semi - retired individuals) 2.) Training /supportive employment - The Conservancy will continue to employ staff through the Pivot Program, Community Employment Opportunities, & Summer Youth, and will establish a training level (Assistants) for the job categories including but not limited to Zone Gardener, Turf Care, Forestry Technician, Landscape Architects, & interns. These categories will be exempt from Living Wage standards until the time that they are promoted based on performance and training. The Conservancy will develop in house training opportunities for the staff, and offer opportunities for outside training for staff development. 3.) Upon completion of training and /or experience requirements, employees will be moved to the positions of zone gardener, turf technician, forestry technician, facility technician, or rental coordinator as applicable. These classifications would be subject to the Living Wage standards. I am requesting that Your Honorable Body authorize the execution of the attached amendatory agreement subject to revision of non- essential terms by the City of Buffalo Law Department. In doing so, Your Honorable Body is granting an exemption to the Conservancy from the City's Living Wage Ordinance as permitted by City Charter and Code Section 96- 13(H)(1)(c). Copy Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO2 CONTRACT WITH CAMIROS FOR DEVELOPMENT OF LAND USE PLANS CITYWIDE AND A NEW ZONING ORDINANCE The purpose of this communication is to request permission for the City of Buffalo to enter into a contract with Camiros, Ltd for the development of land use plans citywide and a new zoning ordinance for the City of Buffalo. After an extensive selection and negotiation process, the Office of Strategic Planning has determined that Camiros and the subcontractors working for Camiros, are the best team for brining the City of Buffalo s zoning ordinance into the 21 sc Century. The City of Buffalo first issued a request for qualifications. A selection committee determined that the following four consultants had the best qualifications. The Office of Strategic Planning then asked the four short- listed contractors to submit written proposals and attend interviews. Of the four contractors, only three submitted written proposals and three were interviewed. A new selection committee was formed to review the proposals and conduct the interviews. The selection committee was comprised of the City's planning staff; representatives from the Department of Economic Development Permits, and Inspections Services; a representative from the Law Department; and members of the community. After the completion of interviews, Camiros and its team emerged as the strong favorite of the selection committee. Camiros is an urban planning firm that provides a full range of services in the areas of planning, zoning, economic development, and landscape architecture. The corporation was founded in Chicago in 1976 and provides services to both public and private clients. The firm has provided planning services to over 250 communities, including Chicago; Minneapolis; Baltimore; Pittsburg; Salt Lake City; and New Orleans. Camiros' project manager for the City of Buffalo zoning revision led his department through the City of Chicago's Zoning Ordinance Revision as the Deputy Commissioner for the City of Chicago Department of Planning and Development. Camiros also has experience creating land use plans and zoning in municipalities with Olmsted- designed park systems. To assist this undertaking, Camiros will be working with Goody - Clancey, Watts Engineering and Architecture, and the Urban Design Project. Goody - Clancey is a Boston - based, 115 - person architecture, planning, and preservation firm with a national planning and urban design practice and a reputation for expertise in public participation and consensus building. Watts Engineering and Architecture, P.C. is a Buffalo -based full service architecture and engineering firm excelling in fields such as architecture, environmental engineering, environmental assessments, and traffic analysis and design. The Urban Design Project is a center at the University at Buffalo that works with communities to develop plans, facilitate project implementation, organize and document public conversations, develop public visions, and get citizens involved. Upon selection, the Office of Strategic Planning entered into contract negotiations with Camiros. Recognizing the work underway or about to be commenced in the City's Brownfield Opportunity Areas (BOAs) also required the development of land use plans, the Office of Strategic Planning worked hard in developing a scope of services for the zoning rewrite that incorporated the work in the BOAs. After lengthy and productive discussions with the New York Department of State and the New York Department of Environmental Conservation, as well as discussions with the City's two BOA partners, a scope of services was finalized ensuring one land use plan in the BOA areas. In addition, this approach will allow the City to realize significant because the City will (1) be required to conduct only one environmental review, as mandated under the State Environmental Quality Review Act ( SEQRA), (2) create only one land use plan in the BOA areas, and (3) apply money granted to the City through the State's BOA program. The scope of services provides that the development of the land use plans and zoning rewrite will take approximately 30 to 34 months, with the first 20 to 24 months dedicated to the development and adoption of land use plans Citywide and the remaining time dedicated to developing the zoning code. The Camiros team will work with a Community Advisory Committee on the development of a public outreach strategy and a Technical Resource Committee regarding technical information required for the development of the land use plan and zoning code. The Scope of Services requires Camiros to engage in an intensive public outreach process by conducting public meetings in nine areas of the City five times each and in each of the City's BOA's five times each. The total budget for this work is $2.1 million of which approximately $740,000 will be a State contribution for work conducted in the BOA areas. A copy of the proposed contract is attached hereto. I am requesting that Your Honorable Body authorize the execution of the attached contract subject to revision of non - essential terms by the City of Buffalo Law Department. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO3 DESIGNATION OF NOMINEES FOR APPT TO THE BD OF TRUSTEES OF THE BFLO AND EC LIBRARY (BERGER, MAGLIETTO, GONZALEZ) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring March 31,2015. Richard L. Berger, 760 West Ferry, Buffalo, New York, 14222 Richard L. Berger currently serves on the Board of Trustees of the Buffalo and Erie County Library. He is the Director of Next Point, LLC and serves on the Board of Directors of the Buffalo Niagara Riverkeeper. Jessica Maglietto, 480 Woodward, Buffalo, New York, 14214 Jessica Maglietto currently serves as the Director of CitiStat for the City of Buffalo. Susan Gonzalez, 311 Lakefront Boulevard, Buffalo, New York, 14202 Susan Gonzalez currently serves as Deputy Parks Commissioner and Coordinator of Special Events for the City of Buffalo. I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION, DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING N04 PARKING AGREEMENT SIX SPACES WEST UTICA RAPP PARKING LOT(NIAGARA DISTRICT) Realty USA, Inc. recently became a tenant at 504 Elmwood Avenue. Real estate agents employed by Realty USA, Inc. park in the RAPP Parking Lot located at 304 West Utica. The nature of the business requires frequent site visits throughout the day, which means that employees leave and return to the parking lot multiple times a day. For the sake of convenience, Realty USA, Inc. inquired with the City of Buffalo Board of Parking (1) whether the City could issue 6 parking tags permitting its employees to park in the West Utica RAPP Parking Lot, (2) whether Realty USA, Inc. could make bi- annual payments for the parking tags, and (3) whether the bi- annual payments would entitle Realty USA, Inc. to a reduced parking fee. At its meeting in October 2009, the Board of Parking reviewed the proposal of Realty USA, Inc. and agreed that the City of Buffalo should issue Realty USA, LLC six parking tags in return for a bi- annual payment of one thousand eighty dollars (stet) ($1080.00). The Board of Parking found that this agreement would not interfere with the public nature of the parking lot. The Board of Parking recommends that Your Honorable Body approve the agreement attached hereto, which would allow the City to issue six parking tags to Realty USA, Inc. in return for bi- annual payments of one thousand eighty dollars (stet) ($1080.00). 1 am further recommending that the City Law Department finalize the attached agreement for the issuance of the parking tags and that the Chairperson of the Board of Parking be authorized to execute the same. Copy available for review in the City Clerk's Office Mr. Fontana moved: That the Common Council hereby approves the proposed agreement with Realty, USA, LLC, which allows the City to issue six parking tags to Realty USA Inc. in return for bi- annual payments of $1080.00 and that the Law Department finalize the attached agreement for the issuance of parking tags and that the Chairperson of the Board of Parking be authorized to execute the same. PASSED AYES -9 NOES -0 FROM THE CITY PLANNING BOARD N06 PLAN BD -SEQR LEAD AGENCY DESIGNATION BY CITY OF BUFFALO PLANNING BOARD LEAD AGENCY REQUEST SEQR 346 CONNECTICUT STREET, HORSEFEATHER REHABILITATION The City Planning Board at its regular meeting held Tuesday, March 23, 2010, considered the matter captioned above and voted to solicit SEQRA Lead Agency status. On April 20, 2010 at a regularly scheduled meeting of the Buffalo Planning Board, new information was brought to the Planning Boards attention that will now require that the Buffalo Common Council to be included as an Involved SEQRA agency. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQRA, is a "Type I Action" for which the City of Buffalo Planning Board recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of this notification. The City of Buffalo Planning Board proposes to assume the SEQR lead agency status for this action, and respectfully requests the Common Council's approval of this proposal. The draft of the project Environmental Assessment Form is enclosed for your review. If the Common Council has no objection to the designation of the City of Buffalo Planning Board as SEQR lead agency, please respond to James Morrell, Chairman, Buffalo City Planning Board, 901 City Hall, Buffalo, NY 14202, within the thirty -day period. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N06 STRAT PLAN -NEG DECLARATION-276,279 KEHR, 649 WINSLOW NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Common Council 65 Niagara Square Room 1308 City Hall Buffalo, New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Sale of Former Firehouse & Two Parking Lots Location: 275 Kehr (Former Engine 33) Lot Size: 50 x 119 279 Kehr (Parking Lot) Lot Size: 30 x 120 and 549 Winslow (Parking Lot) Lot Size: 30 x 120 Type of Action: Unlisted Description: True Bethel Baptist Church is proposing to house the operations of True Bethel Charities, a ministry, in the former firehouse. True Bethel currently operates a food and clothing pantry in two separate locations on Buffalos east side. They are proposing to house both pantries in the former firehouse. The City of Buffalo will transfer title of 275 & 279 Kehr and 549 Winslow on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any. True Bethel is receiving $300,000.00 for the acquisition and renovation costs for this project from the New York State Dormitory Authority. True Bethel has also designated $50,000 from their capital budget for this project. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will develop and utilize a former vacant and abandoned firehouse to house the operations of True Bethel Charities. This project will also enhance the area with the rehabilitation of an old firehouse. The few impacts identified are short -term and not significant in magnitude or effect. There are no actions, which will be undertaken in either implementing the project or in the long term, which will have a significant adverse impact on the environment. The project sites are located at 275 Kehr (fire house - lot size 50 x 119), 279 Kehr (parking lot size 30 x 120) and 549 Winslow (parking lot size 30 x 120). For further information relative to this Negative Declaration, Contact Mr. John Hannon, Director of Real Estate, Room 901 City Hall, Buffalo, New York 14202- Telephone 851 -5275. Dated: April 22, 2010 A copy of this notice was sent to Common Council Buffalo Environmental Management Commission Buffalo Planning Board Buffalo Public Works Buffalo Sewer Authority Buffalo Water Authority New York State DEC - Albany Mayor Byron Brown Applicant Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated April 20, 2010, be received and filed; and That the Common Council approves the attached Negative Declaration (determination of non - significance on the environment) for the undertaking, as per SEAR, for this project. The project is an Unlisted Action, as defined by SEAR. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale /results of negotiations and approval of transfer of title. ADOPTED N07 STRAT PLAN - ABANDONMENT AND SALE /RESULTS NEGOTIATIONS 276 & 279 KEHR, 629 WINSLOW Abandonment and Sale /Results of Negotiations 275 Kehr (Former Engine 33), Lot Size: 50 x 119 279 Kehr (Paved Parking Lot) Lot Size: 30 x 120 549 Winslow (Paved Parking Lot) Lot Size: 30 x 120 The Office of Strategic Planning, Division of Real Estate, has received a request from True Bethel Baptist Church, 907 East Ferry Street, Buffalo, New York 14210 to purchase the above referenced properties. True Bethel is proposing to house the operations of True Bethel Charities, a ministry, in the former firehouse. True Bethel currently operates a food and clothing pantry in two separate locations on Buffalo's east side. They are proposing to house both pantries in the former firehouse. True Bethel has indicated that they are receiving funds from the Dormitory Authority of New York State in the amount of $300,000.00 for the acquisition and renovations costs for this project. True Bethel has also designated $50,000.00 from their capital budget for 275 & 279 Ker and 549 Winslow. The Division of Real Estate has contacted the Land Use Planning Committee and there were no objections to the abandonment and sale of said properties. The City of Buffalo will transfer title of 275 Kehr, 279 Kehr and 549 Winslow on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any. In accordance with Article 27 -5 of the City Charger, Sale by Appraisal, True Bethel Baptist Church commissioned Timothy Troy, Troy Realty and Appraisal, Inc., to estimate the Fair Market Value of the subject properties. The appraisal was forwarded to the City of Buffalo Appraisal Review Board for review and approval. The Appraisal Review Board has determined the value of the subject parcels to be Thirty Thousand Dollars ($30,000.00). True Bethel Baptist Church has agreed and is prepared to pay a total of Thirty Thousand Dollars ($30, 000.00) for the three properties. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. Also, attached to this communication is Part I of the SEQR Short Environment Assessment Form, which was prepared by the project sponsors and Internal Review of SEQR Applicability prepared by the Office of Strategic Planning, Division of Real Estate on behalf of the Common Council as an involved Agency. The proposed action is an Unlisted Action as defined by SEAR. As a result of an initial project review, it appears that the project as a whole will not result in significant adverse impacts on the environment. Forwarded separately are the following documents: 1. Short Environmental Assessment Form with description of project and site layout with drawings 2. Negative Declaration I am recommending that Your Honorable Body first approve the Negative Declaration (determination of non - significant on the environment) for this undertaking, as per SEAR, for this project. The project is an Unlisted Action, as defined by SEAR. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale /results of negotiations and approval of transfer of title. Secondly, I am recommending that Your Honorable Body approve the abandonment and sale and transfer of title to deed 275 Kehr, 279 Kehr and 549 Winslow in accordance with Article 27.5 of the City Charter to True Bethel Baptist Church in the amount of Thirty Thousand Dollars ($30,000.00). The City of Buffalo will transfer title to 275 Kehr, 279 Kehr and 549 Winslow on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor is authorized to execute the same. Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated April 20, 2010, be received and fled; and That the Common Council approves the abandonment and sale and transfer of title to deed 275, 279 Kehr and 549 Winslow in accordance with Article 27 -5 of the City Charter to True Bethel Baptist Church in the amount of Thirty Thousand Dollars ($30,000.00). The City will transfer title on a Quit Claim Deed subject to covenants, easements, restrictions and fights of way of record, if any now in force. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N08 STRAT PLAN -SEQR -275, 279 KEHR, 549 WINSLOW Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 — PROJECT INFORMATION (to be completed by Applicant or Project Sponsor 1. Applicant /Sponsor 2. Project Name True Bethel Baptist Church True Bethel Charities 907 E. Ferry St. Buffalo 14211 -1423 3. Project Location: Municipality County Erie 4. Precise Location 275 -279 Kehr and 549 Winslow 5. Proposed Action Is: Modification /alteration Renovations 6. Describe Project Briefly: This project will enhance services to the surrounding community by collaborating resources of food, clothing, furniture and social service resources under one roof. 7. Amount of Land Affected: Initially 0.654 acre (28,490 sq.ft) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes 9. What is present land use in vicinity of project? Commercial — This property sits on a corner 10. Does action involve a permit approval, or funding, now or ultimately from any other Governmental Agency (Federal, State or Local)? YES — City of Buffalo Building Permit 11. Does any aspect of the action have a currently valid permit or approval? NO 12. As a result of proposed action will existing permit /approval require modification? NO I certify that the information provided above is true to the best of my knowledge Darius Pridgen True Bethel Baptist Church Date: 11/13/09 RECEIVED AND FILED N09 STRAT PLAN - CONTRACT AWARD 59 MEMORIAL DR ENVIRON. INVESTIGATION & CLEANUP PRIOR COUNCIL REFERENCE: Item No. 3, C.C.P. 12/28/06 The City of Buffalo plans to undertake an Environmental Investigation and cleanup at the 59 Memorial Drive property. The project is being done in response to New York State Department of Environmental Conservation correspondence date July 13, 2009, requesting the City to respond to Spill Number 0800087 by conducting additional investigation and remedial work on the property. The City is the current owner of the property. The City has advertised for, received and reviewed bids to undertake the Environmental Investigation to define the extent of the spill and to estimate the probable costs of remediation. The received bids for the consulting services are as follows: Lump Sum Great Lakes Environmental $21,400.00 Conestoga Rovers Associates $17,500.00 Benchmark Environmental $19,900.00 Panamerican Environmental $18,345.00 GZA GeoEnvironmental $14,275.00 LiRo Engineers $19,990.00 It is understood that funds are available for this project from the City's environmental remediation bond account #31310906. Based on their qualifications, expertise and understanding of the project scope I respectively request that your Honorable Body authorize that the contract to undertake the Environmental Investigation of the 59 Memorial Drive property be awarded to GZA GeoEnvironmental and to further authorize the Mayor to execute a contract with GZA GeoEnvironmental. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Environmental Investigation of the 59 Memorial Drive to GZA GeoEnvironmental, the lowest responsible bidder, in the amount of $14,275.00. Funds for the project are available in the City's environmental remediation bond account #31310906. PASSED AYES -9 NOES -0 NO 10 START PLAN -HOLY FAMILY SENIOR HOUSING DEVELOPMENT PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, and Holy Family Housing Development Fund Company I, Inc. This Project known as the Holy Family Senior Housing Development Project will consist of one building totaling 49,027 square feet. Thirty -five units of affordable rental housing for low and moderate income 55 years of age and older are proposed in this development measuring 25,995 in dwelling space for seniors. The project entails 30 one bedroom apartments and 5 two bedroom apartments in the three story elevator structure located at 920 Tift Street on the South side of Buffalo. One hundred percent (100 %) of the units will be designed for low- income tenants with sixty percent (60 %) to senior citizens with very low incomes at or below fifty percent (50 %). Additionally, the project has put a particular emphasis on accommodating the frail elderly citizens providing three (3) handicap units on each floor totaling nine (9) units which will include enhancement equipment for both the hearing and visual impaired residents. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income of gross rent assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 11 STRAT PLAN - PERMISSION TO DESIGNATE REDEVELOPER GREENLEAF & CO. 918 MAIN ST Permission to Designate Redeveloper Greenleaf & Co., Inc. 918 Main Street The City of Buffalo Office of Strategic Planning Division of Real Estate has received a request from Greenleaf and Co. to be designated Developer for a City -owned building located at 918 Main Street. The property, located in the Allentown Historic Preservation District, consists of a vacant four (4) story 22,936 sq.ft, row -type building in poor condition. The City has received funding to stabilize the facade of 918 Main through the Restore New York Grant Award. The City has engaged Carmina, Wood, Morris P.C. to oversee the stabilization and restoration of the facade and redevelopment of the building. Greenleaf owns the adjacent building at 916 Main Street which they are proposing to incorporate in their proposed plans. Their proposed plan consists of a mixed -use development with first floor commercial space that may take the shape of a "Work/Life" environment and thirteen (13) market rate apartment units. Total project costs are estimated at Nine Million Dollars ($9,000,000.00) for the redevelopment of 916 and 918 Main Street The financing for this project will incorporate private investor capital, bank mortgage, New York State and Federal Historic Tax Credits. Greenleaf and Co. was formed in 1986 when it began purchasing family homes on Buffalo's West Side. Over the next several years, Greenleaf completed numerous construction and development projects in Buffalo, Philadelphia and Cleveland. Currently Greenleaf is focusing their efforts on the Buffalo market where they continue to acquire residential apartment buildings. Their local portfolio consists of approximately 24 properties and over 550 apartment units. I therefore respectfully request that Your Honorable Body designate Greenleaf & Co., Inc. and or corporation partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of n ne months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designate on and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.LA) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. g. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire nine (9) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Greenleaf & Co., Inc. as the Redeveloper of 918 Main Street upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 918 Main Street, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated April 20, 2010, be received and filed; and That the Common Council approves the designation of Greenleaf & Co., Inc. as the Redeveloper of 918 Main Street upon the above terms and conditions; and authorizes the Executive Director Ofthe Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 918 Main Street, and forward to the Common Council for final approval of agreements for the transfer of title. PASSED F_ 2RW[61X.Wt NO 12 STRAT PLAN - REPORT OF SALE 263 ADAMS (ELL) 240' S Peckham Lot Size: 30'x 107'Assessed Valuation: $1,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Mozella Richardson, 251 Adams Street, Buffalo, New York 14206 to purchase 253 Adams Street. Mrs. Richardson owns and resides at 251 Adams Street, which is adjacent to 253 Adams Street. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($40) to Sixty Cents ($.60), per square foot. Mrs. Richardson has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Fifty Cents ($50) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 253 Adams Street to Mrs. Mozella Richardson in the amount of One Thousand Six Hundred Dollars ($1,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 14, 2010, be received and filed; and That the offer from Mrs. Mozella Richardson, residing at 251 Adams Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 253 Adams, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 13 STRAT PLAN - REPORT OF SALE 220 FIFTEENTH (NIA) 65' NW Rhode Island Lot Size: 33'x 66' Assessed Valuation: $3,700.00(Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ludwig Pusmucans, 73 Huntington Street, Buffalo, New York 14214 to purchase 220 Fifteenth. Mr. Pusmucans owns two vacant lots at 316 and 322 Rhode Island and a commercial type building at 318 Rhode Island, which are adjacent to 220 Fifteenth. He intends to use the vacant lot for additional green space for his landscaping business. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Pusmucans has commissioned Ms. Pamela Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value. She has estimated the Fair Market Value to be One Thousand Five Hundred Dollars ($1,500.00), Seventy Cents ($70), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value of. Mr. Pusmucans has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 220 Fifteenth to Mr. Ludwig Pusmucans in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 14, 2010, be received and filed; and That the offer from Ludwig Pusmucans, residing at 73 Huntington, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 220 Fifteenth, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of rifle and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 14 STRAT PLAN - REPORT OF SALE 260 HERMAN (FILL) 260 Herman, 308' S Genesee Lot Size: 25'x 132' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. and Mrs. Benjamin Holmes, 262 Herman, Buffalo, New York 14211 and Mrs. Lavern Horton, 258 Herman, Buffalo, New York 14211 to purchase a portion of 260 Herman, 12 YZ x 132' each. Mr. and Mrs. Holmes own and reside at 262 Herman and Mrs. Horton owns and resides at 258 Herman, which are both adjacent to 260 Herman. They intend to use their specified portion of land for additional green space. The northerly portion of 260 Herman, 12 YZ x 132' will be deeded to Mr. and Mrs. Holmes of 262 Herman. The southerly portion of 260 Herman 12 YZx 132' will be deeded to Mrs. Horton of 258 Herman. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. and Mrs. Holmes and Mrs. Horton have commissioned Richard Bronstein, real estate appraiser, of R. W. Bronstein Corporation to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Thousand One Hundred Dollars ($1,100.00), $.33 per square foot. Both parties have agreed to pay Five Hundred Fifty Dollars ($550.00) each. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. and Mrs. Holmes and Mrs. Horton have agreed and are prepared to pay Five Hundred Fifty Dollars ($550.00), Thirty- Three Cents ($.33) per square foot for their specified portion of the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of the northerly portion of 260 Herman to Mr. and Mrs. Holmes and the southerly portion of 260 Herman to Mrs. Horton in the amount of Five Hundred Fifty Dollars ($550.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 15, 2010, be received and filed; and That the offer from Mr. and Mrs. Benjamin Holmes, residing at 262 Herman in the sum of Five Hundred and Fifty Dollars ($550.00) for the purchase of the northerly portion of 260 Herman, 12 YZ x 132' and Mrs. Lavern Horton, residing at 258 Herman, in the sum of Five Hundred and Fifty Dollars ($550.00) for the purchase of the southerly portion of 260 Herman, 12 YZ x 132', be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 16 REPORT OF SALE 427 JOHNSON ST., 266' S BEST LOT SIZE: 30'X 141' ASSESSED VALUATION: $1,900.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Riaz Shahid, 425 Johnson Street, Buffalo, New York 14211 to purchase 427 Johnson Street. Mr. Shahid owns and resides at 425 Johnson Street, which is adjacent to 427 Johnson Street. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($•40) to Fifty Cents ($.50), per square foot. Mr. Shahid has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Forty -Five Cents ($0.45) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 427 Street to Mr. Shahid in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 14, 2010, be received and filed; and That the offer from Riaz Shahid, residing at 425 Johnson Street, in the sum of One Thousand and Nine Hundred Dollars ($1,900.00) for the purchase of 427 Johnson, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 16 REPORT OF SALE 912 NIAGARA, 136 - N MASTEN LOT SIZE: 27'X 132' ASSESSED VALUATION: $6,900.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Efrain Lorenzo, 261 Seventh Street, Buffalo, New York 14201 to purchase 912 Niagara Street. Mr. Lorenzo owns a two family dwelling at 914 Niagara Street, which is adjacent to 912 Niagara Street. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar ($1.00) to Two Dollars ($2.00), per square foot. Mr. Lorenzo has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600.00), One Dollar ($1.00) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 912 Niagara Street to Mr. Efrain Lorenzo in the amount of Three Thousand Six Hundred Dollars ($3,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 14, 2010, be received and filed; and That the offer from Efrain Lorenzo, residing at 261 Seventh Street, in the sum of Three Thousand and Six Hundred Dollars ($3,600.00) for the purchase of 912 Niagara, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 17 REPORT OF SALE 39 OXFORD, 349.93' N FERRY LOT SIZE: 36'X 163' ASSESSED VALUATION: $4,200.00 (DELAWARE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Cedric Smith and Ms. Deborah Swanson, 37 Oxford, Buffalo, New York 14209 to purchase 39 Oxford. Mr. Smith and Ms. Swanson own and reside at 37 Oxford, which is adjacent to 39 Oxford. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Ninety Cents ($.90), per square foot. Mr. Smith and Ms. Swanson have agreed and are prepared to pay Two Thousand Nine Hundred Dollars ($2,900.00), Fifty Cents ($.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 39 Oxford to Mr. Cedric Smith and Ms. Deborah Swanson in the amount of Two Thousand Nine Hundred Dollars ($2,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved That the above communication from the Office of Strategic Planning dated April 19, 2010, be received and filed; and That the offer from Ms. Deborah Swanson, residing at 37 Oxford, in the sum of Two Thousand and Nine Hundred Dollars ($2,900.00) for the purchase of 39 Oxford, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 18 REPORT OF SALE 35 WAKEFIELD, 338.21' E FILLMORE LOT SIZE: 30'X 120' ASSESSED VALUATION: $2,700.00 MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Adrienne Gregoire and Mrs. Eddie Gregoire, 545 Cottage Street, First Floor, New Bedford, Massachusetts 02740 purchase 35 Wakefield. Mr. and Mrs. Gregoire own a two family house at 170 Jewett Avenue, which is adjacent to 35 Wakefield. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. and Mrs. Gregoire have commissioned Timothy Troy, real estate appraiser, of Troy Realty and Appraisal, Inc. to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Thousand Eight Hundred Dollars ($1,800.00), Fifty Cents ($.50), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. I am recommending that Your Honorable Body approve the sale of 35 Wakefield to Mr. and Mrs. Gregoire in the amount of One Thousand Eight Hundred Dollars ($1,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 RESCIND SALE NORTHERN PORTION OF 39 CLARK TO MS. ALMA BARRSO ITEM # 5, C.C.P. MARCH 17, 2009 In the above referenced item Your Honorable Body approved the sale of the northern portion of 39 Clark to Ms. Alma Barrso and the southern portion to Mr. William Wroblewski. The purchase price of One Thousand Six Hundred Dollars ($1,600.00) was established by appraisal with each of the purchasers to pay Eight Hundred ($800.00) for their respective portion. Several notices have been mailed to Ms. Alma Barrso to finalize the sale and close on the transfer of title for the northerly portion of 39 Clark. Final notice was sent on March 12, 2010 advising Ms. Barrso that failure to respond would result in the rescinding of the sale, forfeiture of the Eighty Dollar ($80.00) deposit and return of the property to our inventory for sale. Ms. Barrso has not responded to any of our notices. Therefore I am recommending that Your Honorable Body approve rescinding the sale of the northerly portion of 39 Clark to Ms. Alma Barrso, the deposit be forfeited and that the property be returned to our inventory for sale. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 15, 2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of the Northern Portion of 39 Clark to Ms. Alma Barrso and that the property be returned to inventory for sale and forfeiture of the $80.00 deposit. PASSED AYES -9 NOES -0 NO. 20 "SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA PROJECT" 6/8/04 (NO. 131), 11/13/07 (NO. 113), 2/5/08 (NO. 95), 3/18/08 (NO. 82), 6/24/08 (NO. 6) The South Buffalo BOA project is an in -depth analysis and master plan for approximately 2,000 acres of strategically located, but largely underutilized, land in South Buffalo. This BOA project is a necessary stepping stone to the renaissance of Buffalo and the reclamation and redevelopment of these valuable lands. The South Buffalo BOA was recently among three projects throughout New York State to be designated as a Brownfields Smart Growth Spotlight Community by Governor David A. Paterson. This important designation links the BOA to the Governor's Smart Growth Cabinet, strengthening State support for future implementation efforts. Additionally, Governor Paterson just announced that the City of Buffalo will be awarded $1,458,000 in additional funds to prepare a redevelopment implementation strategy for these valuable lands. Over the course of the project a number of unanticipated issues and opportunities have arisen that have required additional effort in order to resolve these issues and follow through on these opportunities. Due to the complexity of the project and in order to advance overall project goals, the City's consultant team, led by Urban Strategies, Inc. (USI), has performed several unanticipated tasks and prepared for and participated in additional meetings outside the scope of the original contract. These tasks included conducting research for and participating in a panel discussion for public access television in November 2008 regarding the "Green Economy." In addition, due to the BOA Plan's success in achieving the Brownfields Smart Growth Spotlight Community designation, the City had the opportunity to host NYS Secretary of State Lorraine Cort6s- V —zquez and a number of other state, federal and local officials at the South Buffalo BOA Spotlight Community meeting in April 2009. For the Spotlight event, USI agreed to prepare for and conduct a presentation of the South Buffalo BOA Master Plan and to lead a discussion regarding the Plan's key implementation initiatives. Furthermore, there have been supplementary technical memos and reports that USI has provided, as well as a number of meetings and telephone conferences in which they participated, all of which were beyond the scope of the original contract. I respectfully request Common Council approval of a modification to the existing contract between the City of Buffalo and Urban Strategies, Inc. in order to amend the contract budget and reimburse USI for services rendered and resources utilized beyond the scope of the original contract for the South Buffalo Brownfield Opportunity Area project as follows: A contract increase in the amount of $5,470.84 (Original Budget: $644,639.18; Revised Budget: $650,110.02). This modest contract increase will be paid by funds remaining in and now available under the US Environmental Protection Agency Pilot grant fund and will be allocated towards labor costs and will not result in the expenditure of any City of Buffalo funds. Accordingly, I am requesting that your Honorable Body authorize the Mayor to execute such contract amendment to effectuate the above described modest increase and I am also requesting further authorization for pertinent City of Buffalo personnel to take all other steps and to enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate and implement the amendment, Mr. Fontana moved: That the above communication from the Department of Strategic Planning, Division of Community Planning dated April 22, 2010, be received and filed; and That the Common Council authorizes the Mayor to execute such contract amendment to effectuate a contract increase in the amount of $5,470.84 and for the pertinent City of Buffalo personnel to take all steps and to enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate and implement the amendment for the South Buffalo Brownfield Opportunity Area Project PASSED AYES -9 NOES -0 NO. 21 ST. MARTIN VILLAGE PILOT 664 DODGE STREET Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie and St. Martin Village Housing Development Fund Company, Inc. (whose sole member is the Community Action Organization of Erie County, Inc., Inc) and St. Martin Village, LP. This Project known as the St. Martin Village consists of the development of 60 units of housing and a small community service facility on the former Diocesan Education Campus at 564 Dodge Street in the Ellicott District of the City of Buffalo. The proposal calls for the rehabilitation of two existing three story buildings into 24 two bedroom units, the new construction of 24 three bedroom townhouses, the new construction of 12 four bedroom townhouses and the rehabilitation of the Chapel into a community building and community service facility. All of the units willbe affordable for households at or below 50% of the area median income. Nineof the units will be set -aside for households with an individual with a mental illness and /or in recovery, with support services provided by Cazenovia Recovery Systems, Inc. The project will create 36 new townhouse units for large families, and 24 two - bedroom units for small families. After 15 years, there will be a tenant buy -out option se that residents have an opportunity to purchase the homes that they rent. The total project will cost $16,245,000. The project will redevelop a large, long vacant site that has a blighting effect on the neighborhood, provide quality, affordable housing for large families, create homeownership opportunities for very low income households and bring close to $15 million in additional resources to the neighborhood. The amount of the PILOT payments was calculated based upon the City's PILOT policy, which provides for payments in the amount of 3% of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 URBAN HOMESTEAD PROGRAM - ADD 23 PALOS TO LIST OF PROPERTIES ELIGIBLE FOR HOMESTEAD ITEM NO. 119, C.C.P. 7.24/2007 The Office of Strategic Planning, Division of Real Estate is requesting that 23 Palos be added to the list of properties eligible to be homesteaded. Pursuant to the Urban Homestead Amendment of the Urban Renewal Plan approved by the City of Buffalo Common Council (Item # 127, CCP May 14, 2005; further amended as Item # 1191 CCP July 24, 2007), the Common Council approved a list of eligible properties within approved Urban Renewal Areas (URA) and Comprehensive Code Enforcement Areas (CCE). The list includes properties owned by the City of Buffalo, the Buffalo Urban Renewal Agency, and the Buffalo Neighborhood Revitalization Corporation. The property at 23 Palos was acquired by the City of Buffalo through In -Rem #41 in November 2007 and is located within the boundaries of the approved Leroy Comprehensive Code Enforcement Area. Habitat for Humanity of Buffalo, Inc. would like to renovate this house and sell the property to a qualified buyer. Habitat needs to have title to the property prior to April 30, 2010 in order for the buyer to qualify for the $8,000.00 tax credit. Habitat has to be under contract with the buyer prior to April 30, 2010 and close with the buyer prior to June 30, 2010. 1 am recommending that Your Honorable Body approve an amendment to Item No. 119, C.C.P. 7/20/07 the revised list of homestead eligible properties within the URA and CCE areas as part of the overall Urban Renewal Plan to include 23 Palos to said list and that the Mayor be authorized to execute the document for the transfer of title of the property to a qualified purchaser. Mr. Fontana moved That the above communication from the Office of Strategic Planning dated April 20, 2010, be received and filed; and That the Common Council approves an amendment to Item No. 119, CIC.P., July 20, 2007 the revised list of homestead eligible properties within the Urban Renewal areas and Comprehensive Code Enforcement areas as part of the overall Urban Renewal Plan to include 23 Palos to said list and that the Mayor be authorized to execute the document for the transfer of title of the property to a qualified purchaser. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 23 INTERFUND LOAN LIBRARIES- VARIOUS 10 $260,000 In the past, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $250,000 against the 2010 City Capital Improvements Budget for the Niagara Branch Library. The loan ($250,000) will be repaid when Bond Anticipation Notes or Bonds are issued in Fiscal year 2009 -10. From To Account Reoavment Date Total General Capital Projects 33321006 June 2010 250,000 Fund Libraries - Various 10 Account Pursuant to the City's Capital Budget /Debt Management Policy, subsequent to the approval of the Buffalo Fiscal Stability Authority, the City intends to issue Bonds in the amount of about $22,700,000 for City Projects during the Fiscal Year 2009/2010. Currently, there are no City Projects with an outstanding interfund loan. If this current request is approved, the City will be committed to Two Hundred Fifty Thousand Dollars ($250,000') in projects. Therefore, the future projects that can be interfund loaned or included in the 2009/2010 debt issue will be limited to. Bonds to be issued Fiscal Year 2009/2010 $ 22,700,000 (does not include BOE borrowing limit) Approved Interfund Loans 0 $ 22,700,000 LESS: Current Request $ 250,000 Balance available for FY 2009/2010 $ 22,450,000 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Fontana moved: That the above communication from the Comptroller dated April 23, 2010, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City, Board and Enterprise Capital Projects Funds in the amount of $250,000 for the Niagara Branch Library. The loan will be repaid when Bond Anticipation Notes or Bonds are issued in Fiscal year 2009 -10. PASSED AYES -9 NOES -0 FROM THE PRESIDENT OF THE COUNCIL NO. 24 BUDGET HEARING SCHEDULE The City of Buffalo Common Council hereby announces its schedule of Meetings and Budget Hearings to be held in the Council Chambers on the 13 floor of City Hall during the period of May 3 through May 6, 2010. The schedule can also be found at the City of Buffalo home page at http: / /www.city- buffalo.com. The Council's Budget Hearings provide a public forum for review and comment on presentations by city departments and allied agencies relating to their ability to: o Operate within the scope of the Mayor's Recommended Budget for Fiscal Year July 1, 2010 through June 30, 2011 o Implement the initiatives in the Common Council's 2010 -2011 Annual Action Plan; o Comply with City Charter and Code mandated duties and responsibilities; and o Attain the goals and objectives of their respective organization. The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: o Arriving promptly at the scheduled meeting time; o Adhering to the rules of order as prescribed by the Council Chairperson; o Ensuring that Department, Agency and Organization representatives are knowledgeable of budgetary matters and are prepared to address questions raised by those in attendance; and o Monitoring the City's home page (see above) for unanticipated schedule changes. If you have any questions regarding the above, please call 851 -5105. COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE Council Chambers are located on the 13 Floor of City Hall Departments are listed in Bold and Functions follow NOTE: Dates and Times below subiect to chanae - Budaet Work Sessions will be announced separately Time Description Date Chairperson Location MONDAY Mav 3. 2010 10:00 AM Special Common Council Meeting (to accept Budget) Mr. Franczyk Chambers 10:30 AM Dept of Mayor and Executive Budget Hearing Mr. Rivera Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 1:30 PM Dept of Audit Control Budget Hearing Mr. LoCurto Chambers Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 3:00 PM Dept of Assessment and Taxation Budget Hearing Mr. Rivera Chambers TUESDAY Mav 4.2010 9:45 AM Civil Service Committee Meeting Ms Russell Chambers 10:00 AM Finance Committee Meeting Mr. Kearns Chambers 11:00 AM Common Council Budget Hearing Mr Franczyk Chambers Legislative Staff and Offices of the Council Members City Clerk Budget Hearing 1:00 PM 2:00 PM 3:00 PM 5:00 PM Followed by F1111IFldil 10:30 AM 1:30 PM 3:00 PM Chambers Chambers Chambers Chambers Streets, Lighting of Streets, Traffic Engineering, Leaning and Snow Removal, Labor Pool and Bridges Questions? - Records Management Community Development Committee Meeting Mr. LoCurto Legislation Committee Meeting Mr. Golombek Chambers Dept of Management Information Services (MIS) Mr. Golombek Budget Hearing Buffalo Board of Education (BBOE) Budget Hearing Mr. Smith Public Hearing on the Budget WEDNESDAY Mav 5. 2010 Dept of Public Works, Parks, Streets and Water Budget Hearing Mr. Kearns General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Please call 851 -5105 Animal Shelter and Control Parks and Recreation Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund - Water Dept of Community Services & Recreation Mr. Smith Programming Budget Hearing Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training Dept of Economic Development, Permits &Inspections Mr. Golombek (EDPI) Budget Hearing Housing and Enforcement Licenses and Permits Dept of Human Resources (HR) Budget Hearing Ms. Russell Employee Relations Civil Service Compensation and Benefits Management Employment and Training FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 25 PUBLIC WORKS, PARKS AND STREETS NOTIFICATION SERIAL # 10548 REPEAL NO PARKING ON CARY STREET, BOTH SIDES BETWEEN SOUTH ELMWOOD AVENUE AND WEST DEAD END ELLICOTT DISTRICT) Chambers Chambers Chambers Chambers Chambers Chambers NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Cary Street, north side 8 am to 4 pm between South Elmwood Avenue Monday, Tuesday, Wednesday and west dead end Cary Street, south side 8 am to 4 pm between South Elmwood Avenue Thursday & Friday and west dead end This action is being taken to match existing on street parking regulations. /see next serial) NOTIFICATION SERIAL # 10549 INSTALL NO PARKING ON CAR5 STREET, BOTH SIDES BETWEEN SOUTH ELMWOOD AVENUE AND WEST DEAD END THURSDAY Mav 6.2010 9:00 AM Dept of Police Budget Hearing Mr. Haynes Chambers 10:30 AM Dept of Fire Budget Hearing Mr. Kearns 1:30 PM Dept of Law Budget Hearing Mr. LoCurto Administrative Adjudication 2:30 PM Dept of Administration, Finance, Policy & Urban Affairs Mr. Fontana Budget Hearing Budget & Management Services Urban Affairs Parking- Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau Purchasing, Inventory & Stores and Print shop General City Expenses Enterprise Fund Parking REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 25 PUBLIC WORKS, PARKS AND STREETS NOTIFICATION SERIAL # 10548 REPEAL NO PARKING ON CARY STREET, BOTH SIDES BETWEEN SOUTH ELMWOOD AVENUE AND WEST DEAD END ELLICOTT DISTRICT) Chambers Chambers Chambers Chambers Chambers Chambers NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Cary Street, north side 8 am to 4 pm between South Elmwood Avenue Monday, Tuesday, Wednesday and west dead end Cary Street, south side 8 am to 4 pm between South Elmwood Avenue Thursday & Friday and west dead end This action is being taken to match existing on street parking regulations. /see next serial) NOTIFICATION SERIAL # 10549 INSTALL NO PARKING ON CAR5 STREET, BOTH SIDES BETWEEN SOUTH ELMWOOD AVENUE AND WEST DEAD END ( ELLICOTT DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting al which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Cary Street. north side 8 am - 4pm between South Elmwood Avenue Monday & Friday and west dead end Cary Street, south side 8am - 4pm between South Elmwood Avenue Tuesday, Wednesday, & Thursday and west dead end This action is being taken to match existing on street parking regulations. (see previous serial) NOTIFICATION SERIAL # 10552 INSTALL NO LEFT TURN NIAGARA FALLS BOULEVARD, SOUTHBOUND AT MAIN STREET (UNIVERSITY DISTRICO REGULATIONS OF TURNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT INTERSECTION HOURS DIRECTION PROHIBITION Niagara Falls Blvd Main Street at all times southbound No Left Turn This action is being taken at the request of the District Councilmember in response to numerous complaints about traffic safety issues at this location. SERIALS 10548 AND 10549 REFERRED TO THE COMMITTEE ON LEGISLATION SERIAL 10552 RECEIVED AND FILED NO. 26 CHANGE IN CONTRACT MARCY CASINO N. FAQADE & PLAZA RECONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Marcy Casino, N. Facade & Plaza Reconstruction, Trautman Associates, C #93000037 1. Provide for structural design and administrating contract ADD $3,000.00 Change order for stairs from banquet room to take level At west elevation due to deterioration and unstable Substrate conditions of the existing stairs. The foregoing changes result in a net increase in the contract of Three Thousand and 00/100 Dollars ($3,000.00) Summary Original Contract Amount $46,030.00 Amount of Change Order#1 $6,250.00 Amount of this Change Order(2) ADD $3,000.00 Revised Contract Amount $55,280.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and Equitable. Funds for this work are available in 39320706 445100 — Buildings Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated April 15, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Trautman Associates, an increase in the amount of $3,000.00, as more fully described in the above communication, for work relating to Job #0812, Marcy Casino, N. Facade & Plaza Reconstruction, C #93000037. Funds for this project are available in 39320706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 27 CHANGE IN CONTRACT ZOOLOGICAL GARDENS - CONCESSION STAND ROOF RECONSTRUCTION JOB #0805 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Concession Stand, Roof Reconstruction, Grove Roofing Services, C # 93000144. 1. Remove & Dispose of (2) HVAC units; replaced new ADD $8,184.55 Hardware; remove existing roof flashing; widen face of New parapet coping cap to prevent future water infiltration The foregoing changes result in a net increase in the contract of Eight Thousand one Hundred Eighty Four and 55/100 Dollars ($8,814.55) Summary Original Contract Amount $140,000.00 Amount of Change Order#1 $13,100.00 Amount of this Change Order(2) ADD $8,184.55 Revised Contract Amount $161,284.55 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and Equitable. Funds for this work are available in 30320606 445100 — Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Grove Roofing Services, an increase in the amount of $8,184.55, as more fully described in the above communication, for work relating to Job #0805, Zoological Concession Stand, Roof Reconstruction, C #93000144. Funds for this project are available in 30320606 445100 - Buildings. PASSED AYES -9 NOES -0 NO 28 72 -76 PEARL STREET- PROPOSED REVOCABLE LICENSE AGREEMENT FOR USE OF A PORTION OF THE SENECA STREET RIGHT OF WAY Mr. Earl Ketry, owner of the Pearl Street Grill and Brewery, located at 72 -76 Pearl Street, has requested rights to occupy a portion of the Seneca Street right of way for external stairway purposes. This department has reviewed the request as well as the Planning Board recommendations on this matter and proposes to enter into a Revocable License Agreement to allow said occupancy rights on that portion of the Seneca Street right of way substantially as described below and as depicted on the attached drawing. We are requesting your Honorable Body to authorize the Mayor to enter into a Revocable License Agreement for these purposes to contain such terms and provisions as are in form and substance acceptable to the City's Real Estate Division, the Commissioner of Public Works and the Corporation Counsel's office. Subiect Portion of Riaht of Wav of Seneca Street All that Tract or Parcel of Land, situate in the City of Buffalo, County of Erie and State of New York, being in Township Eleven (11), Range Eight (8), of the Holland Land Company Survey and being more particularly described as follows: Beginning at a point on the northerly Right of Way line of Seneca Street (66' Feet R.O.W.) as originally laid out, said point being distant forty -six hundredths (0.46) westerly of the westerly line of Pearl Street (66' Feet Wide); Running thence westerly along the said northerly Right of Way line of Seneca Street, two hundred thirty -two and twenty five hundredths (232.25') feet to a point; Running thence southerly at right angles, three and sixty -seven hundredth (3.67) feet to a point; Running thence westerly and parallel with said northerly Right of Way line of Seneca Street, two hundred thirty -two and twenty -five hundredths (232.25') feet to a point; Running thence northerly at right angles three and sixty -seven hundredths (3.67')feet to the point of beginning. REFERRED TO THE COMMITTEE ON LEGISLATION NO 29 REPORT OF BIDS -CITY WIDE SIDEWALK REPLACEMENT 2010 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Master's Edge, Inc. $730,310.00 $803,341.00 3409 Broadway Street, Buffalo, NY 14227 Destro& Brothers Concrete Co., Inc. $750,890.00 $825,979.00 411 Ludington Street, Buffalo, NY 14206 P & J Construction Co., Inc. $765,150.00 $841,665.00 709 Pleasant View Drive, Lancaster, NY 14086 North America Construction Co., Inc. $822,374.00 $904,611.40 1417 Alleghany Road, Attica, NY 14011 I hereby certify that the low bidder for the above project is Master's Edge, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $803,341.00 ($730,310.00 base bid + $73,031.00 unit price increase = $803,341.00). Funds for tiffs work are available in account(s) #32311506 - 445100, #31310406 - 445100, & #30032106 - 445100, an another account to be named at a future date. The engineer's estimate for this work is $750,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 308, 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 15, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Wide Sidewalk Replacement - 2010, Group #709, to Master's Edge, Inc., the lowest responsible bidder, in the amount of $803,341.00 ($731,310.00 base bid + $73,031.00 unit price increase = $803,341.00). Funds for the project are available in #32311506 - 445100, #31310406 - 445100 & #30032106 - 445100. PASSED AYES -9 NOES -0 NO 30 APPT GENERAL MECHANIC (SLOMBA)(PERM)(INTERM) Certificate of Appointment Appointment effective 4/13/2010 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of General Mechanic Permanent Non - Competitive Intermediate Starting Salary of $36,095. Paul F. Slomba, 31 No. Ryan Street, Buffalo 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 31 APPT SUPERVISOR OF RINKS AND POOLS (DZIEDZIC)(TEMP)(INTERM) Certificate of Appointment Appointment effective 4/19/2010 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Supervisor of Rinks and Pools Temporary Promotion Intermediate Starting Salary of $38,425. Jeffrey D. Dziedzic, 24 Eden Street, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 32 FOOD STORE (NEW) 2766 BAILEY (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2756 Bailey (Downtown Enterprises, A.H. Inc. /Amin K. Hassan) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought mad according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 33 FOOD STORE (NEW) 2962 BAILEY (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2962 Bailey ( Cazzie Mini Mart /Michael Bonner) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Michael Bonner d /b /a Cazzie Mini Mart located at 2962 Bailey. PASSED AYES -9 NOES -0 NO 34 FOOD STORE (NEW) 215 FOREST (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 215 Forest ( Jubba Food Store and Tailor) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of EcOnomic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Abdinor Jama d /b /a Jubba Food Store and Tailor located at 215 Forest. PASSED AYES -9 NOES -0 NO 35 FOOD STORE (NEW) 68 GRANT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 68 Grant (Nice Price Market /Abdulaziz Abuhamra) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Abdulaziz Abuhamra d /b /a Nice Price Market located at 68 Grant. PASSED AYES -9 NOES -0 NO 36 FOOD STORE (NEW) 102 HOYT (NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 102 Hoyt (Pyramid Express HSD /Hussein Dubaishi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hussein Dubaishi d /b /a Pyramid Express HSD located at 102 Hoyt. PASSED AYES -9 NOES -0 NO 37 FOOD STORE (NEW) 2042 SOUTH PARK (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2042 South Park (M & T Groceries /Mark Ton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mark Ton d /b /a M & T Groceries located at 2042 South Park. PASSED AYES -9 NOES -0 NO 38 RESTAURANT DANCE CLASS IV 67 WEST CHIPPEWA (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class IV License located at 67 West Chippewa (aka 79 West Chippewa) and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Adam March. The attached thereto for Bayou. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Adam March d /b /a Bayou located at 67 West Chippewa (a /k/a 79 West Chippewa). PASSED AYES -9 NOES -0 NO 39 SIDEWALK CAFE 67 WEST CHIPPEWA (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Caf6 License located at 67 West Chippewa and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Bayou. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Sidewalk Cafe License to Adam March d /b /a Bayou located at 67 West Chippewa (a /k/a 79 West Chippewa). PASSED AYES -9 NOES -0 NO 40 USED CAR DEALER 150 BAILEY (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 150 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Hartley. The attached thereto for David Hartley dba /Top Knotch Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to David Hartley d /b /a Top Knotch Auto Sales located at 150 Bailey. That the Used Car Dealer License specifically put the licensee on notice that portions of his property will likely be purchased or taken by eminent domain as part of the Bailey Avenue Bridge Project. PASSED AYES -9 NOES -0 NO 41 USED CAR DEALER 1455 NIAGARA ST. (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1455 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Saleh Obad. The attached thereto for Saleh Obad dba /Big Boys Toys of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 15, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Saleh Obad d /b /a Big Boys Toys of Buffalo located at 1455 Niagara Street. PASSED AYES -9 NOES -0 NO 42 USED CAR DEALER 475 RHODE ISLAND (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 475 Rhode Island. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Mancusso II & Peter Pinelli. The attached thereto for Charles Mancusso II & Peter Pinelli dba /475 Auto Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 20, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Charles Mancusso II & Peter Pinelli d /b /a 475 Auto Inc. located at 475 Rhode Island. PASSED AYES -9 NOES -0 NO 43 USED CAR DEALER 15 SKILLEN (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 15 Skillen and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Eric Marshall. The attached thereto for Eric Marshall dba/ Cars R Us. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 14, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Eric Marshall d /b /a Cars R Us located at 15 Skillen. PASSED AYES - 9 NOES — 0 NO 44 APPT SR. SPECIAL ASST TO COMM. OF EDPIS (ESZAK)(EXEMPT)(MAX) Certificate of Appointment Appointment effective 4/12/2010 in the Department of Economic Development, Permit and Inspection Services, Division of Administrative to the Position of Sr. Special Assistant to the Commissioner of EDPIS Exempt Appointment Maximum Starting Salary of $44.921. Andrew Eszak, 50 Wilbury Place, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY NO 45 BSA OPERATING FUND BUDGET FOR FY 2010 -2011 Dear Mr. Chwalinski, Enclosed is a copy ofth4Buffalo Sewer Authority Operating Fund Budget for fiscal year 2010 -2011. This budget was adopted at the Sewer Authority Board meeting April 7, 2010. Very truly yours, BUFFALO SEWER AUTHORITY David P. Comerford General Manager Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 46 TO APPROVE A WAGE AND BENEFIT PACKAGE FOR NON - REPRESENTED EMPLOYEES In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. IX regarding a wage and benefit package for non - represented employees that was approved by the BMHA Board of Commissioners at their meeting held on March 25, 2010, Mr. Fontana moved That the Common Council hereby approves the amended increases and benefit concessions for non Represented employees for the period July 1, 2004 through June 30, 2011, that are identical to the increases and benefit concessions of the white collar unit that were approved by the BMHA Board of Commissioners at a special meeting held on October 17, 2009 and subsequently approved by the City of Buffalo Common Council and the Buffalo Fiscal Stability Authority. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 47 ITEM RETURNED WITHOUT APPROVAL OR DISAPPROVAL CCP# 2,4/9/2010 The attached Item was returned to the City Clerk's Office Without Approval or Disapproval Ordinance Amendment Ch 175 Fees - Parks(Res# 126, 3/30) RECEIVED AND FILED NO. 49 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: NO. 48 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 2 Templeton Terrace Templeton Landing Restaurant Specialty Restaurants corp. 88 W. Chippewa Croc Bar Justin Anderson 36 Broadway The 2nd Cup The Coffee Cup on Broadway Inc RECEIVED AND FILED NO. 49 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks- Joseph V. Schollard Police- Ronny Blatchford, Aaron J. Pariseau Fire - RECEIVED AND FILED NO. 50 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED. NO. 51 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective 04/12/2010 in the Department of Common Council, Division of City Clerk to the Position of Intern VI, Unclassified, Non Competitive at the flat salary of $10.00 /hr Hassan A. Farah, 308 Auburn Ave, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 04/13/2010 in the Department of Common Council, Division of Ellicott District to the Position of Intern IX, Unclassified, Non Competitive at the flat salary of $11.57/hr Thema J. Harbin, 411 Wmslie, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 04/20/2010 in the Department of Common Council, Division of Ellicott District to the Position of Intern IX, Unclassified, Non Competitive at the flat salary of $11.57/hr Lerone Abrams, 144 Claremont Ave apt 15, Buffalo, NY 14222 Hope Hoetzer -Cook, 225 Highland Ave, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective 04/13/2010 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Unclassified, Non Competitive at the flat salary of $8.00 /hr Caroline Skonecki, 171 University Ave, Buffalo, NY 14214 NO. 52 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 04/19/2010 in the Department of Public Works, Parks and Streets, Division of Streets, to the Position of Laborer 11, Seasonal appointment at the flat salary of $11.87/hr Marcus Harris, 136 Butler Avenue, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective 04/19/2010 in the Department of Public Works, Parks and Streets, Division of Parks, to the Position of Laborer 11, Seasonal appointment at the flat salary of $11.87/hr Joseph Gonzalez, 83 Royal Avenue, Buffalo, NY 14207 NO. 53 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 04/12/2010 in the Department of Public Works, Parks & Streets, Division of Water to the position of Clerk, Temporary Appointment at the minimum Starting Salary of $29,617 Crystal C. Jones, 800 Glenwood Avenue(Upper), Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 04/15/2010 in the Department of Public Works, Parks & Streets, Division of Buildings to the position of Senior First Class Stationary Engineer, Temporary Appointment at the flat Starting Salary of $15.00 /hr Lois J. Carbone, 212 Geary Street, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective 04/19/2010 in the Department of Public Works, Parks & Streets, Division of Parks to the position of Park Utility Worker, Temporary Appointment at the First Step of $33,151 Kenneth LaBarge, 131 Maurice Street, Buffalo, NY 14210 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 54 R. FONTANA- BUDGET WORKSHOP SCHEDULE Enclosed please find the City of Buffalo Common Council Schedule of Meetings and Budget Workshops to be held in the Common Council Meeting Room (Room 1417 City Hall) during the period of May 10 through May 13, 2010. The schedule can also be found at the City of Buffalo home page at http: / /www.city- buffalo.com. The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: Notifying the Legislative Staff Office at 716- 851 -5105 of a Department point -of- contact who can be notified of last- minute scheduling changes; Arriving promptly at the scheduled meeting time; Adhering to the rules of order as prescribed by the Council Chairperson; Ensuring that Department representatives are knowledgeable of budgetary matters and prepared to address questions raised by those in attendance; o Assembling the documents and information listed by enclosure. Departments who have not yet furnished the information requested by separate memo (copy attached), are again reminded to do so as soon as possible but no later than their scheduled budget workshop meeting. If you have any questions regarding the above, please call 851 -5105. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET Re: INFORMATION TO BE FURNISHED AT COMMON COUNCIL BUDGET HEARINGS In conjunction with the Common Council's review of the Mayor's Recommended Operating Budget for fiscal year 2010 -2011, we request that all Department and Division Heads, at the time of their respective budget hearing before the Common Council, be prepared to present twelve print copies of the following information for their department: • A list of all employees who are assigned a mobile telecommunication device (e.g., cellular /smart- phones), the make and model of such device (e.g., Apple I- Phone, Blackberry, etc.), and a description of the service plan(s) associated with each device (e.g., unlimited voice and data) along with its annual cost to the City. • A list of all employees who are assigned use of a take home city vehicle along with the year, make, and model of such vehicle (e.g., 2008 Ford Explorer). • A list of all employees who are granted use of, or who are assigned, gas cards, debit or charge cards, procurement cards, and Metro bus or rail passes and the respective value thereof. • A list of all travel contemplated along with the purpose, location and anticipated cost' • A list of all positions that currently remain vacant and the amount of time that has elapsed since the vacancy occurred. • A list of all officers, appointees and employees who, in addition to receiving a salary from the City of Buffalo, draw a separate salary from any allied city agency. • A list of all officers, appointees and employees, along with their position or title, whose salary will be fully or partially paid for using grant funding (e.g., Community Development Block Grant). • A list of all personal service contracts along with the length of such contract and its associated cost to the City. • A list of all current officers, appointees and employees, along with their position or job title, for whom a NYS retirement system form CSC -20 has been filed with the NYS Department of Civil Service pursuant to Section 211 of the Retirement and Social Security Law that provides for the re- employment of a retiree on an exceptional basis without loss or diminution of pension. If you have any questions regarding this request, please contact the Common Council Legislative Staff at 851 -5105. We thank you in advance for your cooperation. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 66 B. HIGGINS - PROPOSED FLOOD INSURANCE RATE MAPS FOR THE CITY OF BUFFALO Dear Administrator Canton: I write to resist that the proposed Flood Insurance Rate Map (FIR -1) for the City of Buffalo be fundamentally revised because it contradicts science, empirical observations and common sense. 11 The Old First Ward and the Cobblestone District The proposed flood map in the area of Buffalo's Old First Ward and Cobblestone District grossly exaggerates the extent of inundation in a 100 -year event. Consider the following data: • The height of a 100 -year flood of Lake Erie at Buffalo's 580.3 feet above sea level (IGLD). • At 6:36 a.m. on January 30. 2008, Lake Erie reached 580.3 feet above sea level IGLD3 at Buffalo. • Therefore, the flood event of- January 30, 2008 provides a framework for what a 100 -year flood of Lake Erie at Buffalo looks like and it looks nothing like the inundation predicted in the recently promulgated map. My staff were on the ground in the Old First Ward on the morning of January 30, 2008. They observed some standing water and icy slush in some streets one block of Kentucky Street and the intersection of South and St. Clare Streets), but none that reached homes, Certainly no water crossed or even approached the railroad berm at Republic Street, much less the berm at Miami Street or the crown of South Park Avenue or the 1 -190, as shown in your map. The basis of the 100 -year flood level supposition is the United States Army Corps of Engineers "1998 Revised Report on Great lakes Open -Coast Flood Levels." This report clearly speaks to "OPEN COAST LEVELS and was therefore not intended to serve as flood level indices for neighborhoods like these which are more than one mile inland. Fortunately, we have data which indicates the extent m which the water levels in these neighborhoods are lower than lake levels in a high water event, and these are your own high water mark data promulgated on March 11, 2008, These data shows that water marks m the Old First Ward were 1 to L/2 feet below the high water marks closer to the Lake." It is also telling that there were no high water marks north of South Street in the Old First Ward, none m the Cobblestone District, and despite the fact that "inside a building is the preferred location for a [high water mark] to be flagged, there were no visible building [high water marks]. "5 21 Peace Bridae Plaza The Revised FIRM proposes to include the Peace Bridge Plaza m the 100 -year flood plane. Clearly, whoever made this determination had never set foot on the ground there, as the notion of a flood on the top of a substantial cliff defies common sense. Again, based on a common -sense understanding of the best available scientific data, I write to insist that these maps be revised to exclude the Old First Ward, The Cobblestone District, Adjacent parcels and the Peach Bridge Plaza. If I can be of any assistance in the matter I can be reached through Chris Fahey, my Deputy Chief of Staff for Special Projects, in my Buffalo Office, at 7t6- 852 -3501 or at chris.fahevCcr)maiI house. aov. Thank you very much. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 M. KEARNS- REQUIRED TIME WARNER DIGITAL SET BOX'S I would like to file the attached information for the next Common Council meeting to be held on April 27, 2010. Dear Mr. Kearns, Time Warner our present TV provider is moving stations around and requiring us to have a digital set -top box in order to view these stations. They will provide a free set -top box for one year. My husband and I are married for 55 years and we do not watch tv together, therefore we would need two set -top boxes. We are senior citizens living on fixed income and when I called Time Warner I was told we would only be allowed one free set -top and the second one would cost us $7.00, 1 didn't ask but I am sure that would be taxed also. I think this is totally unfair and I would appreciate anything you can do to assist not only me, but other seniors you represent in South Buffalo Thank you, Patricia REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 M. KEARNS- LETTER REQUESTING DEPUTY POLICE COMMISSIONER POSITION I would like to file the attached information for the next Common Council meeting to be held on April 27, 2010. Thank you. Dear Council Member Kearns, My name is James O'Donnell, I am a Buffalo Police Officer and I am currently injured. I am writing because I need to plan for my future and I need your help in doing so. My injuries have forced me to change the plans I had previously made for my future, but I would still like those plans to include Buffalo, and that is where you come in. This letter is meant to give you a brief description of me and the situation I currently find myself in. After understanding me and my situation it is my hope that you will be able to offer me some guidance. I have a solution to my situation that I believe would be beneficially to both myself and my city, and I will explain that solution after the synapse I present of myself. Although my solution is currently the one I would prefer most, I am open to other suggestions and welcome them, thankfully. On November 13 of last year I was investigating a suspicious person /burglary in progress call. During that investigation I located one of the suspects and began to chase him on foot. Without getting into much of the details, the chase ended with him striking me with his car. I sustained a large basal skull fracture, several other small fractures in my face and sinuses, a Traumatic Brain Injury with multiple subdural hematomas, meniscus tears in both of my knees, and multiple bruises, abrasions, and sprains across much of my body. As a result of those injuries I have lost most of my sense of taste and smell, my vision and hearing have decreased, I now have TMJ problems for which I have to where a retainer and night guard, I have decreased memory and attention span, and I may be developing a seizure disorder. The long and short of it is, given these injuries going back to work will be difficult. Before I was hired as a police officer I was in law school. I took a semester and the following summer off to go to the police academy and get settled in the police department. I returned to school by first entering the Economics department, where I began work on a Masters degree, the first regular semester after the police academy concluded, then by returning to the law school the semester after that to continue to work on my Juris Doctor. Other than my time in the academy, I had continued to work full -time in the police department and go to school full time up until my injury. I have been committed to both my school and my work, and have not allowed them to interfere with each other on any occasion. This is evident in my employment by my paystubs. Last year my base salary was around $50,000 while my actual salary was over $70,000. That $20,000 difference comes from the court time I have generated off of the high number of quality arrests I made last year. I say quality because I did not arrest everyone I saw; instead I worked with the minor offenders to help them straighten up and get me the serious drug, gun, assault, attempted murder, and murder arrest(s) that I was responsible for. My level of commitment to my job is also shown by my involvement in the gang suppression efforts of the department, in which I volunteered to attend meetings and offer my insight into the problem. The fact that I did not allow my work to interfere with my school is manifest in my grades, as well as in the fact that even after my injury I was so determined to finish the semester that I wrote two of my final papers from the hospital bed. Now that you know a little about me, I believe you can better understand why I am writing. It is apparent by my injuries that a return to policing, as I have known it, is unlikely. With the amount of arrests I made, it shouldn't be a surprise that I got in quite a few chases. Another quick fact about me is that this last injury, though it was much more than a concussion, represented my third, confirmed, on the job concussion in one year. It was probably my fifth or sixth concussion that year, but I only had it confirmed by a doctor two other times. With the severity of the last injury and the number of brain injuries in a short time span, the likelihood of another brain injury being fatal, even if that injury is mild in nature, is extremely high. Given that information, I am going to have considerable difficulty finding a doctor who knows what malpractice means and is still willing to sign off on me returning to a patrol car. I know that this does not leave me out of options by any means. If it is so desired I know I can retire and receive up to 75 percent of my pay tax free, plus all of my benefits, for the rest of my life. The trouble with that option is that in two weeks I will be turning 25 years old; I am not ready to retire. I also know that with my level of education, along with the experience I have as a police officer and through my internships, I would not have any trouble finding another job, and that other job would also probably pay me significantly better. The trouble with this option is I enjoy being a police officer, and working in the private sector was not a part of my original plans. My original plan was to use my education and my work ethic to move myself up in the police department quickly. I wanted to do so in order to reach the ranks of commissioner at a young age and retire as a commissioner after only 20 years of service as a police officer. I would then use my education, work ethic, accomplishments and experience as a platform to run for office. I know my plans were lofty, but they were no loftier than yours. You can also see that, up until my injury, I had been seriously working to fulfill those plans. I now know, unfortunately, that my plans must change, but the real question becomes how much must they change? Here is where my solution comes in. I will likely not be able to return to patrol, and given the nature of our department I cannot be promoted to a supervisory rank with significantly less risk, such as captain or inspector, without going through the proper examination system. Even trying to be promoted to the first steps of detective or lieutenant would be impossible due to the rules against IOD personnel being tested and promoted. There is one position that I will qualify for and is currently vacant, that being Deputy Commissioner. With two graduate degrees I will be one of the most educated, if not the most educate, member of the department. Though this is surely not a necessary qualification for the position it should help to make up for my lack of time on the job. Another way that this lack of time is somewhat rectified, is that the time I have had has been full of work. I can confidently claim, with a fair level of certainty to its accuracy, that with the level commitment and intensity in which I performed my job functions, I have encountered a more diverse array of situations and made a higher number and more diverse array of arrests than some other officers that have twenty plus years in a department. Another qualification that t have is one that is not very typical of police officers, but more typical of people in my age group. I am quite apt and skilled in computer and internet applications. Although this might not seem like an important qualification at first glance, I can quickly explain why it is extremely important. In my experience with different community groups and block clubs, both through the police department and through LIB Law's community economic development clinic, I have come to realize how important community policing is. The use of computers and the internet when it comes to community policing is at most underutilized, if utilized at all, across the country. In the Deputy Commissioner position, I could use my skills, ambition, and knowhow to facilitate an internet- community policing initiative that could be a benchmark for the rest of the state and nation. The last qualification I have, that I will mention here, is probably the most important. I have an extremely vested interest in the city and the department. I have such an interest for a number of reasons, such as since the age of nineteen, I have been both a City of Buffalo homeowner and resident. I realize that this is no longer the norm for police officers, but I take comfort in the fact that I have the power to protect my community, something an officer that lives outside the city cannot claim on the same level. The next reason is likely the most important reason when it comes to you looking at me as a candidate for this position. My father is a Buffalo Police lieutenant, which means I have grown up in the department. Apart from my father, there are a lot of men and women in the department that I have known for a very long time, and some that I just met, but I still care about. A couple of weeks before I was injured I had a disagreement with a fellow officer after I complained that that officer was refusing to back me up on calls that he was assigned to. That officer said that I was going against departmental procedures by taking calls before 20 minutes had lapsed from my previous call and just because I wanted to be a "cowboy" didn't mean he had to back me up. He vowed to never back me up on a call again and he kept his word. I was the secondary car assigned to the call I was injured on, he was the primary. I believe that if he would have come to the call, I would not have been injured. I do not hold a grudge against this officer and would not make any attempts to single him out should he be cleared of wrongdoing. However, as Deputy Commissioner, I would do my best to ensure the safety of my fellow officers. What that means is I would make every effort possible to make sure every officer is doing their job and keeping each other safe. If that means I need to randomly, but very frequently, go to calls as back up and assurance that backup arrives, that is just one step I will take. The position of Deputy Commissioner is simply my solution to my situation. My doctors said that they would likely clear me for work in general, and consider clearing me for some form of police work after a year has passed. That timeframe happens to coincide with my three -year- anniversary date, that being the time prerequisite for promotion. This, along with position opening, my residency, and all I stated above, made me think this solution may be best. And at the risk of sounding arrogant, if you ask people that know me they will tell you that is not the case, I am the most qualified candidate you will have apply for this position. The resume I will eventually present would be more of one you might see in an applicant for the number 1 job of commissioner in a big city, certainly not for the number 2 or 3 in Buffalo, NY. I am not dismissing the importance of the position at all, considering I want it. I am simply trying to express my certainty in my credentials, and my certainty that those credentials are best for this position. As I said above, this is my solution. If you have a better solution I welcome to hear your suggestions. I can be reached by the phone, address, and email above. I thank you for your time; I know I've taken much of it. Also, thank you for your consideration and for any guidance you may offer me. Sincerely, Officer James D. O'Donnell REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO. 58 BUFFALO WATER BOARD AGREEMENT WITH VEOLIA WATER NORTH AMERICA - NORTHEAST, LLC Dear Mr. Chwalinski: Enclosed please find copies of the following documents: 1. Management Agreement between the Buffalo Water Board and Veolia Water North America - Northeast, LLC and proposed Common Council Resolution. 2. PowerPoint presentation regarding the Management Agreement prepared by Conestoga- Rovers & Associates, consulting engineers to the Buffalo Water Board. 3. Resolution of the Buffalo Water Board, dated April 14, 2010, approving the Management Agreement. 4. Buffalo Water Board Communication to the Common Council summarizing the agreement with Veolia Water North America - Northeast, LLC and request for approval. Please note that given the size of these documents, we have provided each member of the Common Council with a complete copy at the same time that we have filed them with your office. Thank you for your consideration of this important matter. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 59 R. EASON, AGENT, USE 502 ELMWOOD AVENUE FOR AN OUTDOOR PATIO (HRG 5 /4)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 A. LOJACONO, OWNER, USE 1518 HERTEL FOR AN OUTDOOR CARE (NO PUB HRG)(DEL) Mr. Fontana moved: That the above communication from A. Lojacono, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to A. Lojacono, owner, located at 1518 Hertel, to install an outdoor car6 1 t' x 14' with a wrought iron fence, which would encroach city fight -of -way at said address, subject to the conditions as, requested by the Commissioner and subject to approval by the Planning Board. PASSED AYES -9 NOES -0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 61 APPT ACCOUNT CLERK TYPIST (FIFTH STEP)(GUADALUPE)(ASMT) CCP #8, 4/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 62 APPT ENGINEERING AIDE(PROV)(MAX)(ZIEMBA)(PW) (CCP# 15, 4/13) Mrs. Russell moved That Communication of 15 of April 13, 2010, be received and Filed and that the Provisional appointment of Joseph Ziemba, 12 Fields Avenue, Buffalo, NY 14210 at the Maximum Salary of $ 36,164.00 is hereby approved. PASSED AYES -9 NOES -0 NO 63 APPT BUILDING SUPERINTENDENT (PERM)(INTER)(MCGUIRE)(PW) (CCP# 16,4/13) Mrs. Russell moved That Communication of 16 of April 13, 2010, be received and Filed and that the Permanent appointment of William McGuire, 215 Wallace Avenue, Buffalo, NY 14216 at the Intermediate Salary of $54,841.00 is hereby approved. PASSED AYES -9 NOES -0 NO 64 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP #26, 4/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 65 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTYCLK) CCP #27, 4/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO 66 BIENNIAL CONSULTING ENGINEER'S REPORT(PW) CCP #10, 4/13 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 67 BUFFALO WATER BOARD REGULATIONS SCHEDULE OF RATES CCP #28, 4/13 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 68 BUFFALO WATER SYSTEM MONTHLY OPERATIONS REPORT -MARCH 2010 CCP #29,4/13 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 69 RESTAURANT DANCING CLASS IV - 2426 SOUTH PARK AVENUE (ITEM NO. 19, C.C.P., APR. /13, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Tamara Recckio d /b /a South Park Bowling Inc. located at 2426 South Park Avenue. PASSED AYES -9 NOES -0 NO 70 SIDEWALK CAFE - 976 ELMWOOD AVENUE (ITEM NO. 20, C.C.P., APR. 13, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to John Foseo, applicant, located at 976 Elmwood, d /b /a Zetti's Pizza & Pasta to install a 54.5 x 8 sidewalk car6 with a wrought iron railing, which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO 71 SIDEWALK CAFE - 364 VIRGINIA STREET (ITEM NO. 35, C.C.P., APR. 13, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Carroll Simon, applicant, located at 364 Virginia Street, d /b /a Betty's for an existing sidewalk cafe along Virginia Street and Cottage Street sides, which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO 72 D. HALL, PETITION TO USE 326 AMHERST STREET - TO EXPAND AN EXISTING RESTAURANT (ITEM NO. 52, C.C.P., FEB. 16, 2010)(ITEM NO. 59, C.C.P., APR. 13, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of D. Hall, owner, for permission to expand an existing restaurant at 326 Amherst Street be, and hereby is approved. PASSED AYES -9 NOES -0 NO 73 P. FADALE, PETITION TO USE 2303 DELAWARE - FREESTANDING SIGN (ITEM NO. 58, C.C.P., MAR. 30, 2010) That the petition of P. Fadale, agent, for permission to use 2303 Delaware for a freestanding sign be, and hereby is approved upon the conditions set forth by the City Planning Board. That the Ground sign is to be six feet in height and that landscaping at the base of the sign is to be reviewed and approved by Planning Board Staff. PASSED AYES -9 NOES -0 NO 74 GOV. PATTERSON AGE 29 LAW (HR) ( #33, 3/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO 75 BOARD OF ETHICS - REQUEST AMENDMENT OF JURISDICTION OF THE BOARD OF ETHICS (ITEM NO. 34, C.C.P., MAR. 16, 2010) That the Acting Corporation Counsel be, and he hereby is authorized to prepare an Ordinance Amendment to Section 12 -24 City of Buffalo Board of Ethics and file same with the Common Council for final approval. PASSED AYES -9 NOES -0 NO 76 R. JUDELSOHN, MD- PROPOSED REVISIONS TO THE EC SANITARY CODE ( #31, 3/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 FOOD STORE LICENSE- 1305 BROADWAY (ITEM NO. 20, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Kristin Cassamine located at 1305 Broadway d /b /a Broadway Convenience upon the condition that: No temporary signs are to be attached to the Building. No signs are to be displayed outside of the Building or around the perimeter of the store. The store must close by 11:00 PM every night PASSED AYES -9 NOES -0 NO 78 FOOD STORE LICENSE RENEWALS -LISTS EXPIRING 4/1/2010 (EDPI)( #24, 1/19) That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT (MICHAEL P. KEARNS, CHAIRPERSON) NO 79 M. SHAPIRO- COALITION FOR ECONOMIC JUSTICE - DGEIS RE: CANAL SIDE PROJECT (#64,11/10)(#76,11/24) That the above item is hereby referred to the Committee on Community Development. ADOPTED NO 80 M. KEARNS- RELOCATING BICYCLE MUSEUM TO WATERFRONT ( #53, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 81 M. KEARNS - EMERALD BEACH ON THE DOWNTOWN WATERFRONT ( #56,6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 82 M. KEARNS- ARTICLE RE WATERFRONT HOTEL ( #59, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 83 M. KEARNS- CONCERNS SINKING HOMES ON WEYAND AVE (#80,3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 M. KEARNS -M. OVERDORF -NFTA ROW PARCELS FROM MICHIGAN TO SMITH ST (#34,3/31)(#66,4/14) That the above item be the same and hereby is Received and Filed. ADOPTED NO 85 M. KEARNS -G. OLEJNICZAK -NFTA SMALL BOAT HARBOR ( #33, 1/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 86 CLEAN UP PLAN PROPOSED FOR BUFFALO LAKESIDE PARK ( #29, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 87 M. KEARNS- DEVELOPMENT OF THE LARIVIERE DRIVE PARCEL ( #31, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 88 A. THOMPSON- SUPPORT OF CCP #78,2/3/09-REMOVAL 190 FROM WATERFRONT ( #33, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 89 M. KEARNS - NYSDEC COMMENTS ON LEHIGH VALLEY RAILROAD (#47, 12/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 90 M. KEARNS -ROCK HARBOR COMMONS HANDBOOK (#48, 12/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 91 M. KEARNS- UPCOMING APPROVAL WATERFRONT DEVELOPMENT (#49,9/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO 92 M. KEARNS- NYSDOT- BUFFALO SKYWAY MNGT STUDY (#64,4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 93 BUFFALO SKYWAY MAINTENANCE AND CLOSURE ISSUES(PW) ( #9, 1/8)( #52, 1/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO 94 M. KEARNS -REQ NYSDOT PROVIDE THE COB CC WITH AN UPDATE ON COST & M BUFFALO SKYWAY (#40,3/18) That the above item be the same and hereby is Received and Filed. ADOPTED NO 95 M. KEARNS -M. GALIVAN- CONCERNS MARINE DRIVE APARTMENTS ( #68, 12/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO 96 P. HINCHY -REQ. MTG. W /COUNCIL TO PRESENT OUTER HARBOR DEV. PLAN ( #67, 2/21) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 97 1 -Y ALVi1:411111 a:7e10 W10 N APPOINTTED PIETRZAK TO BUFFALO ARTS COMMISSION THEREFORE BE IT RESOLVED: That Ted Pietrzak be appointed to the Buffalo Arts Commission, pursuant to the Charter section granting that power to the Council President. ADOPTED NO 98 BY: CURTIS HAYNES, JR. PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE IN FRONT OF TRINITY EPISCOPAL CHURCH Whereas: The Trinity Episcopal Church, located at 371 Delaware Avenue, will be hosting the Trinity White Elephant Sale; and Whereas: To celebrate the event, they would like permission to temporarily hang a banner across Delaware Avenue, directly in front of the Church, beginning Sunday, April 18 until Monday, May 3, 2010; and Whereas: The Trinity Episcopal Church is familiar with the banner requirements, and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner advertising the Trinity White Elephant Sale; and Be It Further Resolved: That the Common Council of the City of Buffalo grants permission for the Trinity Episcopal Church to hang a banner will hang from Sunday, April 18 until Monday, May 3, 2009 at 371 Delaware Avenue; and Be It Finally Resolved: That the banner meets all the requirements of pertinent City departments and that no existing laws are violated. ADOPTED NO 99 BY: MR. KEARNS, MR. FRANCZYK AND MR. HAYNES INSTALL HISTORIC MARKER IN FRONT OF HOME OF FORMER FIRST LADY FRANCES FOLSOM CLEVELAND Whereas: Frances Folsom was born on July 21, 1864, to Buffalo attorney Oscar Folsom and his wife Emma. The Folsom's lived at 168 Edward Street, a modest two -story brick home in the Allentown section of the City: and Whereas: When Oscar Folsom's carriage was struck by a wagon killing him, a young lawyer and partner in Folsom's law firm, Grover Cleveland was named administer of the estate and looked after Emma and daughter Francis' education and the family finances; and Whereas: After graduating from Buffalo's Central High School, Frances Folsom enrolled at Wells College in Aurora, one of the finest liberal arts colleges for women; and Whereas: While attending Wells College, a correspondence began between Frances Folsom and Grover Cleveland; and Whereas: Cleveland's meteoric political career continued. From Mayor of Buffalo, Governor of New York State to his 1885 election as President of the United States, Cleveland courted the young Frances Folsom and their relationship blossomed; Whereas: On June 2, 1886, 21 -year old Frances Folsom was married to 49 -year old President Grover Cleveland, in the White House, becoming the only presidential couple to be married in the White House; and Whereas: Mrs. Cleveland was one of the most popular First Lady's in our nation's history. Her image was used, often without permission, on a variety of products that were sold to the public. The number and variety of items featuring Frances Folsom Cleveland is unprecedented in presidential history; and Whereas: No first lady, before or since, has been represented on so many items of popular culture; and Whereas: At some events, she drew more attention than her husband, the President of the United States. She was even invited to appear at events without her husband, an unheard of practice at the time; and Whereas: Women across the country copied her clothing choices, her hairstyles and even the way she posed in formal photographs. Her rare combination of youth, beauty, personal qualities and chemistry contributed to her persistent and enduring popularity. During her time in the White House, Frances Folsom Cleveland was as popular with the public as England's Lady Diana was 100 years later; and Whereas: This Common Council finds it fitting to honor and pay homage to Frances Folsom Cleveland, Buffalo's First lady by installing a permanent memorial in front of her birthplace; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo approve the installation of a permanent marker in front of the birthplace home of Frances Folsom Cleveland, at 168 Edward Street; and Now, Therefore be it Further Resolved: That copies of this resolution be sent to the Mayor, the owner of the property at 168 Edward Street, the Buffalo Arts Commission, Preservation Buffalo and the Landmark Society of Buffalo; and Now, Therefore be it Finally Resolved: That the said marker meets the legal specifications as set forth by the Department of Public Works and that no existing laws are violated. ADOPTED AYES -9 NOES -0 NO 100 BY: COUNCIL MEMBER MICHAEL J. LOCURTO DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM "NO 7 C.C.P. OCT 13, 2009 URBAN HOMESTEAD PROGRAM- REVISED LIST OF ELIGIBLE PROPERTIES" Whereas: The above item is currently in the Community Development Committee ; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of Item "No 7, C.C.P. Oct 13, 2009 Urban Homestead Program- Revised List of Eligible Properties" and said item is now before the Common Council for its consideration." ADOPT DISCHARGE. APPROVED AYES -9 NOES -0 NO 101 BY: DEMONE SMITH MINIMUM PARK MAINTENANCE STANDARDS Whereas: Parks are a fundamental part of our municipality. In order to attain an effective maintenance program, maintenance standards must be imposed for employees, individuals, organizations and agencies entrusted with the stewardship of our parks. Whereas: Currently there is a need to: • Define what the expected conditions of the parks should be • Improve consistency and minimize subjectivity for park upkeep • Communicate the conditions of parks to stakeholders, management, staff and city representatives • Develop and communicate goals on maintenance standards • Connect park conditions and the Parks Departments resources by systematic park evaluations • Improve Park conditions by well- organized resource allocations; and Whereas: Park Maintenance Standards must be developed to provide a framework for periodic inspections, evaluation, and provide the ability to adequately address maintenance deficiencies. Now Therefore Be It Resolved: To establish a methodology for developing park maintenance standards and providing an operational definition, the following recommendations be put forth and forwarded for comment or addition to any and all Municipal recognized entities having fiduciary or obligatory interest in the parklands in the City of Buffalo: Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT NO 102 BY: MR. SMITH A RESOLUTION CALLING ON THE NEWYORK STATE DEPARTMENT OF TRANSPORTATION TO INCLUDE A MULTIWAY BOULEVARD OPTION IN ITS STUDY TO COVER PORTIONS OF RT. 33 WHEREAS, the New York State Department of Transportation ( NYSDOT) is commencing a study of options to mitigate the impact of the Kensington Expressway on the Humboldt Parkway neighborhood; WHEREAS, the NYSDOT Study to Cover Portions of Rt. 33 utilizes $1.6 million in National Highway System (NHS) funds and $0.4 million NYS matching funds from the Rt. 33 Retaining Wall Project, to advance preliminary engineering to evaluate the feasibility and cost considerations of covering a portion of the Kensington Expressway between Best Street and East Delevan Avenue; WHEREAS, this study represents an unparalleled opportunity to undo the mistake of the Kensington Expressway's construction over Frederick Law Olmsted's Humboldt Parkway by 1968, an error credited with creating conditions for suburban flight, the evisceration of East Side neighborhoods and commercial strips, and the destruction of a masterpiece of American landscape architecture; WHEREAS, all feasible options for mitigating the Kensington Expressway should be studied by NYSDOT to assure the public is empowered to evaluate alternatives based on the merits and an honest, full assessment of transportation, economic, and community impacts; WHEREAS, a national movement for the upgrading of highways in urban areas to pedestrian - friendly boulevards, including the Alaskan Viaduct in Seattle, the Interstate 70 in St. Louis, the Gardner Expressway in Toronto, and the Interstate 64 in Louisville, offers instruction to Buffalo as it seeks progressive solutions to accommodating commuter traffic that now travels on the Kensington Expressway; WHEREAS, the office of Mayor Bryon W. Brown has requested that NYSDOT study an at- grade, multiway boulevard option as one of the scenarios to assess in its Study to Cover Portions of Rt. 33; WHEREAS, the multiway boulevard, such as Octavia Boulevard in San Francisco or the Olmsted- designed Ocean Parkway in Brooklyn, is a viable approach to accommodating larger volumes of traffic in walkable, urban settings; WHEREAS, a multiway boulevard option may be a cost - effective solution to accommodating local and commuter traffic alike, creating an Olmsted vision for a new Humboldt Parkway, and helping disperse needed traffic and commerce to East Side commercial strips like Genesee Street, Walden Avenue, Jefferson Avenue, and Broadway. NOW, THEREFORE, BE IT RESOLVED that the Common Council calls on the New York State Department of Transportation ( NYSDOT) to include a full assessment, inclusive of preliminary engineering to evaluate feasibility and cost considerations, of an at- grade, multiway boulevard option in its Study to Cover Rt. 33. BE IT FURTHER RESOLVED that the Common Council calls upon the Office of Strategic Planning (OSP) and the Department of Public Works (DPW) to work proactively with NYSDOT in the community's evaluation of alternatives, including the boulevard option, on the Study to Cover Rt. 33. BE IT FURTHER RESOLVED that the City Clerk send a certified copy of this resolution to the Office of Mayor Byron W. Brown, the Mayor's Office of Strategic Planning, the Department of Public Works, the regional and Albany offices of the New York State Department of Transportation, and the offices of State Senator Antoine Thompson, Assemblywoman Crystal Peoples, Congressman Brian Higgins, Senator Kirsten Gillibrand, Senator Charles E. Schumer, and Governor David Paterson. REFERRED TO THE COMMITTEE ON LEGISLATION. NO 103 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Kristen Henry Thema Harbin Lerone Abrams Hope Hoetzer Cook Cheryl A. Wailand Marcella A. Biniewski Rachel J. Casey LaShawn M. Chinn Carly D. Evans Mary M. Terhart Jonathan M. Kotaska Joyce M. Donovan TOTAL 12 ADOPTED NO 104 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, May 4, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, May 4, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, May 4, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 4, 2010 at 2:00 o'clock P.M. Special Committee Meetinas Special Committee on Thursday, April 29, 2010 at 2:30 o'clock PM Community Development In the Council Chambers (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO 105 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:45 PM GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #4 Office of the Mayor -201 City Hall April 15, 2010 Present: Rick Caliperi, Debt Management Officer Hon David Rodriguez, Acting Corporation Council Wilmer Olivencia, Deputy, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of April 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.